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FRANCISCAN SISTERS HEALTH CARE CORP. v. DEAN

No. 16890.

102 Ill. App.3d 61 (1981)

FRANCISCAN SISTERS HEALTH CARE CORPORATION, d/b/a St. Elizabeth Hospital, Plaintiff-Appellee, v. JOHN R. DEAN, Indiv. and as Ex'r of the Estate of Elizabeth R. Messmer, Deceased, Defendant-Appellant. — (KATE FISK et al., Defendants.)

Appellate Court of Illinois — Fourth District.

Opinion filed December 10, 1981.

Attorney(s) appearing for the Case

F. Daniel Welsch, of Young, Welsch, Young & Hall, of Danville, for appellant.

Sebat, Swanson, Banks, Lessen & Garman, of Danville (Hardin W. Hawes and Ralph J. Swanson, of counsel), for appellee.

Reversed and remanded.

JUSTICE LONDRIGAN delivered the opinion of the court:

Defendant Dean, a lawyer, drafted what turned out to be Elizabeth Messmer's final will February 7, 1978; after making two small specific bequests Messmer gave the residue of her estate to Dean and St. Elizabeth Hospital, the plaintiff, in equal shares. Messmer died in St. Elizabeth Hospital April 10, 1979, at the age of 97, and the will was later admitted to probate. According to...

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